Managing Director vs Smt Satyabhama Sharma And Ors
2021 Latest Caselaw 3283 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 266/2021

Managing Director, Rajasthan State Road Transport Corporation
Parivahan Marg, Chomu House, Jaipur
                                                                    ----Appellant
                                   Versus
Smt Satyabhama Sharma And Ors., Aged About 99 Years,
(Dependent Late Madan Lal Sharma Son Of Shri Ramniwas
Sharma Resident Of Village Rampura, Dabri, Post Jaitpura, Tehsil
Amer, District Jaipur
                                                                  ----Respondent

For Appellant(s)         :     Mr. Rewar Mal
For Respondent(s)        :



                   HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                Judgment

29/07/2021

1. This Special Appeal (Writ) has been filed against the order

dated 19.01.2021 passed in S.B. Civil Writ Petition

No.19032/2019, titled as Managing Director Rajasthan State Road

Transport Corporation And Ors. vs. Smt. Satyabhama Sharma And

Ors., whereby the Writ petition filed by the appellant herein was

dismissed.

2. Heard learned counsel for the appellant and perused the

material made available on record.

3. Learned counsel for the appellant submits that though the

application under Section 33 (2) (b) of the Industrial Dispute Act,

1947 filed against the respondent has been dismissed but the

matter is still sub judice before the Hon'ble Supreme Court. The

(2 of 2) [SAW-266/2021]

application under Section 15(2) of the Payment of Wages Act,

1936 is not maintainable being beyond limitation, thus the order

dated 18.10.2018 passed by the Controlling Authority under

Payment of Wages Act is not sustainable in the eyes of law.

Hon'ble Single Judge has also not dealt with the objections of the

appellant properly. The appeal deserves to be allowed.

4. Heard. Considered.

5. On hearing learned counsel for the appellant and on perusal

of the record, we find that admittedly the application filed by the

appellant against the respondent under Section 33 (2) (b) of the

Industrial Dispute Act, 1947 has already been dismissed. Though,

learned counsel for the appellant submits that the order of

dismissal of the application under Section 33 (2) (b) of the

Industrial Dispute Act, 1947 is under challenge before the Hon'ble

Supreme Court but admittedly, the operation of the same has not

been stayed. Thus, in our considered view, it has been rightly

concluded that on dismissal of the application under Section 33

(2) (b) of the Industrial Dispute Act, 1947, the respondent herein

is entitled to move an application under Section 15(2) of the

Payment of Wages Act, 1936. In case the appellant succeeds and

its application under Section 33 (2) (b) of the Industrial Dispute

Act, 1947 is finally allowed by the Hon'ble Supreme Court, the

appellant shall be entitled to proceed against the respondent

accordingly. But as of now, we see no good reason to interfere in

the impugned order. Accordingly, the appeal is dismissed.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

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